Friday, January 7, 2011

Progress in other states?

Energized by the support of newly sworn in Gov. Lincoln Chafee, gay rights advocates will reintroduce a bill in Rhode Island’s House Thursday to legalize marriage equality…..

Chafee declared his support for marriage equality while being sworn in on Tuesday.

“When marriage equality is the law in Rhode Island, we honor our forefathers who risked their lives and fortune in the pursuit of human equality,” Chafee said during his speech.

New Mexico could recognize out-of-state same sex marriages. The Advocate reports

Gay couples legally married in other states and countries will be recognized in New Mexico, the state’s attorney general said in a legal opinion issued Tuesday...

A spokesperson for New Mexico Gov. Susana Martinez issued a statement saying, "Gov. Martinez made it clear during the campaign that she opposes same-sex marriage. It's important to note that no New Mexico court has ruled on this issue."

the opinion states that such marriages should be recognized not only for couples who marry legally in another state and later move to NM, but also for NM residents who travel out of state in order to secure a marriage that is not available locally. This latter practice - known as evasive marriages - is often less favored under conflicts law. However, the AGO notes that NM law supports non-recognition only of marriages that conflict with "an overriding public policy." …

If the issue becomes a flash point in state politics, conservatives may press the state legislature to consider "junior DoMA" legislation that would establish formal state policy against recognition.